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2007 Supreme(P&H) 213

M.M.KUMAR, RAJESH BINDAL
Shiwalya Spinning And Weaving Mills (P) Ltd. – Appellant
Versus
State Of Punjab – Respondent


Judgment

Rajesh Bindal, J.

1. The petitioner has filed the present petition praying for issuance of a writ in the nature of mandamus directing the respondents to issue refund voucher for Rs. 1,57,93,514, found to be refundable by the Assessing Authority while framing assessment vide order dated January 15, 2007.

2. Briefly the facts, as stated in the petition, are that the petitioner is a private limited company engaged in the business of manufacture of acrylic yarn made from the acrylic fibre, purchased from another unit, which is an exempted unit under the provisions of Section 30A of the Punjab General Sales Tax Act, 1948 (for short, "the 1948 Act"). The petitioner is also an exempted unit having been granted exemption certificate No. 314 dated May 2, 2001 for an amount of Rs. 9,69,97,717 with validity from September 15, 2000 to September 14, 2007. While framing the assessment for the year 2005-06, keeping in view the judgment of this court in Civil Writ Petition No. 2272 of 2006 (Perfect Synthetics v. State of Punjab) decided on July 4, 2006 Reported at [2007] 6 VST 280, the Assessing Authority, vide order dated January 15, 2007, determined a sum of Rs. 1,57,93,514 as being refu











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